A criminal record can affect employment in California, but employers do not have unlimited power to reject applicants because of past arrests or convictions. California law gives job applicants and employees protections during background checks, hiring, promotion, and employment decisions.
A criminal record may matter more for some jobs than others. Healthcare, education, finance, childcare, government, law enforcement, and licensed positions may involve stricter background rules. Still, many employers must follow California’s fair chance hiring requirements before using criminal history against an applicant.
California Fair Chance Act Protections
California’s Fair Chance Act limits when and how many employers may consider criminal history. In many cases, an employer with five or more employees cannot ask about conviction history before making a conditional job offer.
After a conditional offer, the employer may review criminal history. However, the employer usually must conduct an individualized assessment before denying employment based on a conviction. California Courts explains that the Fair Chance Act protects many applicants from early criminal history questions and requires a process before an employer withdraws an offer.
California’s Civil Rights Department also provides model language stating that applicants do not need to disclose criminal history or participate in a background check until after a conditional offer. The agency’s compliance statement reflects this timing rule.
What Employers Cannot Consider
California law limits the use of certain records. Under Labor Code Section 432.7, employers generally cannot ask about or use arrests that did not result in conviction, diversion records, or convictions that have been judicially dismissed or ordered sealed.
This protection can matter after expungement, dismissal, sealing, or diversion. For example, an employer should not treat a dismissed conviction the same way it treats a reportable conviction unless an exception applies.
Some exceptions exist. Certain jobs require background checks or restrict employment based on criminal history. California Courts notes that the Fair Chance Act does not apply the same way to positions where another law requires a background check or criminal history restriction.
Individualized Assessment After a Background Check
If an employer wants to deny a job because of conviction history, the employer generally must review the conviction in relation to the job. This review should consider the nature and gravity of the offense, the time passed, and the nature of the job.
The employer should not use a blanket rule that rejects every applicant with a record. For example, a ten-year-old misdemeanor may have little connection to an office position. In contrast, a recent conviction directly tied to job duties may receive closer review.
When the employer makes a preliminary decision to withdraw the offer, the applicant should receive written notice. The applicant may then have an opportunity to respond with information about rehabilitation, record accuracy, mitigating facts, work history, training, or other evidence.
Background Checks and the Seven-Year Rule
California also limits what some background check companies can report. Under Civil Code Section 1786.18, an investigative consumer reporting agency generally may not include certain criminal records that predate the report by more than seven years from disposition, release, or parole.
This rule has exceptions. Some regulated employers may need broader checks. Live Scan, licensing, government jobs, and positions involving vulnerable populations may follow different rules.
Because background reports can contain errors, applicants should review any copy provided. A report may list the wrong person, wrong disposition, duplicate case, dismissed charge, sealed record, or outdated information.
Expungement, Dismissal, and Automatic Record Relief
California record relief may reduce employment barriers. Penal Code Section 1203.425 requires the Department of Justice to identify eligible convictions for automatic conviction record relief and notify the court when relief has been granted. The California Attorney General explains the state’s automatic record relief process.
Record relief does not erase every trace of a case for every purpose. Some exceptions remain for public office, certain care-provider roles, lottery contracts, criminal justice agencies, licensing issues, or other legally required disclosures. Penal Code Section 1203.425 also describes situations where relief does not remove a disclosure duty.
Still, record relief can help in many ordinary employment settings. It may also prevent certain dismissed or sealed convictions from appearing in court-disclosed records.
What If an Employer Denies a Job Because of a Record?
A denial may deserve closer review if the employer asked about criminal history too early, skipped the individualized assessment, relied on prohibited records, ignored rehabilitation evidence, or gave no chance to respond.
Helpful records may include:
- Job posting
- Application
- Conditional offer letter
- Background check report
- Preliminary denial notice
- Final denial notice
- Emails with HR
- Rehabilitation evidence
- Court dismissal or sealing records
- Certificates, licenses, or training records
- Work history and references
An applicant should keep copies of all communications. Timing also matters. If the employer withdrew the offer right after receiving a background report, the written notices and assessment become important.
FAQs About Criminal Records and California Employment
Can an employer ask about criminal history on a California job application?
Many employers cannot ask about conviction history before making a conditional job offer. Some jobs have exceptions when another law requires a background check or criminal history restriction.
Can an employer deny a job because of a conviction?
Sometimes. The employer generally must connect the conviction to the job through an individualized assessment and follow the required notice process before making a final decision.
Can an employer consider an arrest that did not lead to conviction?
Usually, no. California law generally prohibits employers from asking about or using arrests that did not result in conviction, subject to limited exceptions.
Can expunged or dismissed records affect employment?
They can in some regulated situations, but California law limits employer use of many dismissed, sealed, or relieved convictions. The answer depends on the job, record, and background check process.
Legal Help With Criminal Record Employment Issues
Criminal record employment issues can affect hiring, promotions, licensing, background checks, professional reputation, and income. A strong next step often depends on the job type, record status, employer notice, background report, and whether the employer followed the Fair Chance Act.
Her Lawyer, A Professional Law Corporation, assists with California employment matters involving background checks, Fair Chance Act issues, discrimination, retaliation, and workplace rights. Contact Her Lawyer to request a confidential consultation and discuss possible next steps.